HomeMy WebLinkAbout2.0 Resolution 78-47• •
RESOLUTION 1f7i3,-/1
WHEREAS NICHOLAS W. GOLUBA, has petitioned the Board of County Commissioners
of Garfield County, Colorado, for an exemption under C.R.S. (1973) Section 30-
28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield
County, Colorado, adopted September 1, 1972 and amended April 14, 1975, Sections
1.02.17(d) and 3.02.01, for the division of a 15 acre tract of land into two
tracts of 10 and 5 acres, more or less, and said 15 acre tract of land is more
particularly described as follows:
Parcel A
A parcel of land situated in Lot 30 of Section 1 and in
Lot 2 of Section 12, Township 7 South, Range 89 West of
the Sixth Principal Meridian, lying Northerly of the
Southerly line of said Lot 2, Westerly of the center of
the Glenwood Ditch and Easterly of the center of the
Roaring Fork River, said parcel of land is described as
follows:
Beginning at a point in the center of said ditch whence
the Northeast Corner of Lot 20 in said Section 1 bears:
N. 390 02' 21" E. 2367.78 feet; thence along the center
of said ditch S. 14° 48' 59" W. 9.40 feet; thence S. 05°
12' 09" E. 211.55 feet; thence S. 13° 49' 12" E. 135.06
feet; thence S. 330 02' 48" E. 250.09 feet; thence S.
50° 56' 22" E. 276.94 feet; thence S. 410 29' 50" E.
97.44 feet, more or less, to a point on the Southerly
line of said Lot 2; thence N. 86° 25' 04" W. along the
Southerly line of said Lot 2, 446.31 feet, more or less
to a point in the center of said river; thence N. 47°
57' 18" W. 519.80 feet along the center of said river;
thence N. 41° 07' 57" W. 562.21 feet along the center
of said river; thence N. 89° 22' 00" E. 736.30 feet to
the point of beginning.
Parcel B
A parcel of land situated in Lot 9 of Section 12, Township
7 South, Range 89 West of the Sixth Principal Meridian,
lying Easterly of the center of the Roaring Fork River,
Westerly of the Easterly line of said Lot 9 and Southerly
of the Northerly line of said Lot 9, said parcel of land
is described as follows:
Beginning at a point on the Northerly line of said Lot 9
whence the Northeast corner of Lot 20 in Section 1 in said
township and range bears: N. 17° 50' 04" E. 2792.01 feet;
thence S. 00° 22' 58" E. 816.90 feet; thence S. 67° 24'
19" W. 211.00 feet to a point in the center of said river;
thence N. 08° 01' 04" E. 130.25 feet along the center of
said river; thence N. 04° 46' 25" W. 390.41 feet along the
center of said river; thence N. 340 28' 56" W. 123.72 feet
along the center of said river; thence N. 470 17' 30" W.
along the center of said river, 466.70 feet to a point
on the Northerly line of said Lot 9; thence S. 860 25'
04" E. along the Northerly line of said Lot 9, 617.87
feet, more or less, to the point of beginning.
Together with a non-exclusive easement extending Northerly
from the Northerly line of said PARCEL "A" along the
course of a road as now constructed and in use to its
point of connection with County Road No. 154 and all
ditch and water rights appurtenant to and used in
connection with said parcels.
WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board
of County Commissioners of Garfield County, Colorado, that he desires said
exemption for the purpose of re -sale into single-family residential acreage;
and,
WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board
of County Commissioners that there is a reasonable probability of locating
domestic water on each of said tracts, that there is adequate ingress and egress
to said tracts, that the location of septic tanks will be permitted by the
Colorado Department of Health, that the requested division is in accordance
with the general purposes and intent of the Subdivision Regulations of the State
of Colorado and the County of Garfield and therefore should be exempted from
the definition of the terms "subdivision" and "subdivided land" as set forth in
C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended;
NOW THEREFORE, upon motion of -3160 l" Prise_ seconded by
and carried, said 15 acre tract of land is
hereby exempted from such definition and transfer of said tract may be made by
division into two tracts of 10 and 5 acres, more or less, all as is more fully
described above, and further, that said exemption is conditioned upon the Petitioner
obtaining a proper legal description of said tracts prior to any conveyance thereof
and further, upon access being granted to the lower lot by recorded easement, and
that no further exemptions will be considered on said 5 or 10 acre tracts. A
copy of the instrument(s) of conveyance when recorded shall be filed with this
Resolution.
Dated this k day of
Attest:OffTle 0
eputy Clef* of the B(6 rd
of County Commissioner`s
, A.D. 1978.
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
By